§ 34-112. Exemptions

(a) Single-family, duplex and single-family attached lots. This article does not apply to single-family, duplex and single-family attached lots (including any public right-of-way abutting said single-family, duplex, and single-family attached lots) less than 2½ acres in size after initial development and final inspection of the dwelling, nor to any expansion, addition or alteration to any existing single-family, duplex and single-family attached dwelling on lots of less than 2½ acres in size. This article does not apply to the redevelopment of single-family, duplex or single-family attached dwellings on a lot of less than 2½ acres previously used for a single-family, duplex and single-family attached dwelling. However, the development of any new nonresidential or multifamily structure on a lot previously used or zoned for a single-family, duplex and single-family attached dwelling residential use shall not be exempt from the requirements of this article.

(b) Construction permits issued prior to effective date. Nothing herein contained shall require any change in the plans, construction or designated use of any parcel of property, for which a permit for construction has been issued, as of the effective date of the ordinance from which this article is derived.

(c) Periods of emergency. During the period of an emergency, such as a tornado, storm, flood or other natural disaster, the requirements of this article may be waived as deemed necessary by the mayor or his designee.

(1) In addition to rights granted by easement, utility service providers lawfully within the right-of-way may remove trees during the period of an emergency that are determined by the provider to be a danger to public safety and welfare by interfering with utility service.

(2) The city may clear streets and public rights-of-way of damaged or fallen trees, tree limbs, or other debris as needed as a result of a storm event.

(d) Utility service providers. In the pursuit of installation or maintenance of its facilities, utility service providers, including the city, or their contractors, agents, successors and assigns shall have the right to trim or remove trees so as to prevent any part of such trees from becoming a danger to public health, safety and welfare by interfering with utility service. Where possible, trimming shall be done in a manner such that the aesthetics and health of the trees are not destroyed. Existing trees already growing into utility lines shall be trimmed as necessary. The city may require boring under trees within the critical root zone area instead of trenching.

(e) Drainage improvements. In the pursuit of installation or maintenance of drainage facilities, creek channel lining, or erosion control measures, the city, or its contractors, agents, successors and assigns shall have the right to trim or remove trees so as to prevent any part of such trees from becoming a danger to public health, safety and welfare by interfering with said drainage improvements. The city may require boring under trees within the critical root zone area instead of trenching.

(f) Diseased or damaged trees. A diseased or damaged tree which is beyond the point of recovery or in danger of falling shall be exempt from the provisions of this article in terms of tree replacement and tree preservation plan. A tree removal permit, however, shall be required. In the case of code enforcement action, the notice of violation and description of the action to be taken shall serve as the permit to commence work. The removal of a diseased tree may be required to reduce the chance of spreading the disease to adjacent, healthy trees.

(g) Plant nurseries. Plant nurseries shall be exempt from the provisions of this article only in relation to those trees planted and growing on the premises for sale, either retail or wholesale.

(h) Paved surfaces within critical root zones. Any paved surface within the critical root zone of a protected tree which is in existence on or before the effective date of the ordinance from which this article is derived may be replaced or maintained.

(Ord. No. 2005-04, § 4, 5-9-2005)